WEBVTT >> IN ALL CRIMINAL CASES, WEBEGIN WITH AN INDICTMENT.A ROADMAP OF WHAT THE STATE OFOHIO HAS TO SHOW IN THEIR CASE.TH INDICTMENT -- I AM GOING TOREAD IT TO YOU NOW.I LIKE TO DO THAT AT THEBEGINNING OF MY CASES, TO USE ITAS THE BASIS OF WHAT WE AREGOING TO LOOK FOR AND THEN TOGIVE YOU BACKGROUND ABOUT WHATHAPPENED ON JULY 19, 2015.COUNT ONE, THE JURORS OF THECOUNTY OF HAMILTON, IN THE NAMEAND AUTHORITY OF THE STATE OFOHIO DO FIND AND PRESENT RAYMONDTENSING, AT THE COUNTY OFHAMILTON, AND THE STATE OF OHIO,PURPOSELY CAUSED THE DEATH OFSAMUEL DEBOSE IN VIOLATION OFSECTION 2903.02A OF THE OHIOREVISE CODE AGAINST THE PEACEAND DIGNITY OF THE STATE OFOHIO.THE GRANDEUR JURORS OF THECOUNTY OF HAMILTON, BY THE NAMEAND THE AUTHORITY F THE STATEOF OHIO, UPON THEIR OATH DO FINDIN PRESENT THAT RAYMOND TENSING,ON OR ABOUT THE 19TH DAY OF JULYIN 2015, IN THE COUNTY OFHAMILTON, IN THE STATE OF OHIO,KNOWINGLY CAUSED THE DEATH OFSAMUEL DEBOSE WHILE SAIDDEFENDANT WAS UNDER THEINFLUENCE OF A SUDDEN PASSION ORFIT OF RAGE, EITHER OF WHICH WASBROUGHT ON BY SERIOUSCOMPLICATION BY A VICTIMREASONABLY SUFFICIENT TO INCITETHE DEFENDANT INTO USING DEADLYFORCE.IN VIOLATION OF THE OHIO REVISEDCODE, AGAINST THE PROOF ANDDIGNITY OF THE STATE OF OHIO.THIS PAPER BRINGS US HERE TODAY.THIS GIVES US THE AUTHORITY TOGO FORWARD TO PREVENT THIS -- TOPRESENT THIS CASE TO YOU.THIS STARTED ON JULY 19, 2015.IT WAS A NORMAL DAY FOREVERYONE.I BELIEVE MR. TENSING WASWORKING ALONE IN HIS PATROL CAR.HE CAME UPON A CAR THAT WASMISSING A FRONT LICENSE PLATE.HE RAN THE PLATE THROUGH HISCOMPUTER, SAW THE OWNER OF THECAR WAS SUSPENDED, AND EVIDENCEWILL SHOW THAT MR. DUBOSE WASNOT THE OWNER OF THE CAR.HIS NAME DID NOT COME UP ON THEPRINTOUT.IN RESPONSE TO THAT, MR. TENSINGFOLLOWED MR. DUBOSE AND PULLEDHIM OVER FOR A TRAFFIC STOP.WHAT HAPPENED AT THAT TRAFFICSTOP IS WHAT WE -- AT THATTRAFFIC STOP IS WHAT WE HEARABOUT.AT THA TIM -- INJURED INTO ANAGREEMENT WITH THE CITY OFCINCINNATI.ON THE DATE IN QUESTION, MR.TENSING'S ENTIRE PATROL WAS NOTAT ALL ON THE CAMPUS.HIS ENTIRE PATROL AREA WAS OFFCAMPUS.THAT IS WHEN HE ENCOUNTERED MR.DUBOSE.HE ENCOURAGES OFFICERS TO GETOUT THERE, MAKE STOPS, ARRESTPEOPLE, MAKE YOUR PRESENCE KNOWNSO WE CAN PROTECT THE STUDENTS.THE OFFICERS WERE DOING THAT.WE WILL HEAR ABOUT THAT, BUTTHAT IS NOT WHAT THIS CASE ISABOUT.THIS CASE IS ABOUT WHAT HAPPENEDON JULY 19 BETWEEN MR. 10 IN MR.DUBOSE.-- MR. TENSING AND MR. DUBOSE.IT IS ABOUT WHEN MR. TENSINGPULLED OVER MR. DUBOSE AND DIDNOT USE HIS TRAINING AND DID NOTDO THE THINGS HE SHOULD HAVEDONE.HE WILL TELL YOU IN HIS OWNSTATEMENT THAT HE INTENTIONALLYSHOT HIM.THIS CASE -- YOU WILL HEAR A LOTOF STUFF ABOUT THIS CASE.WE ARE GOING TO PLAY ALL OF MR.TENSING'S VIDEO.WE ARE GOING TO PLAY ALL OF THEOTHER TWO OFFICER'S VIDEO.THE ONLY PART YOU NEED TO DECIDEON THIS CASE ARE THE SECONDS,MINUTES BETWEEN MR. TENSING ANDMR DEBOSE.YOU WILL SEE A LOT OF EXTRASTUFF.I WANT YOU TO REMEMBER THEELEMENTS IN THE INDICTMENT.YOU WILL HEAR FROM EXPERTS WHOWILL GO THROUGH, SCREEN BYSCREEN, SHOT BY SHOT, WALK USTHROUGH THE VIDEO.IT IS A VERY QUICK ENCOUNTER.YOU WILL BE ABLE TO USE YOURCOMMON SENSE, MAKE YOUR OWNDECISIONS AND REACH A DECISIONIN THIS MATTER.ON THAT DAY, MR. TENSING ACTEDCONTRARY TO HIS TRAINING.HE WAS TOLD NOT TO REACH INTO ANAUTOMOBILE.HE WILL TELL YOU HE WAS TRYINGTO REACH INTO THE CAR TO GET THEKEYS OUT TO STOP ANYTHING ELSETHAT HAPPENED.AFTER THAT, AFTER HE REACHED INTHE CAR, HE WILL TELL YOU HE WASTRAPPED AND COULD NOT GETUNHOOKED.ONCE YOU SEE THE VIDEO, YOU WILLBE ABLE TO SEE HE WAS NOTTRAPPED.FIRST HE SAYS HIS HAND WAS HUNGBEHIND THE STEERING WHEEL.WHEN YOU SEE THE VIDEO, HIS HANDWAS NOT HUNG BEHIND THE VIDEOJUST BEHIND THE STEERING WHEEL.YOU WILL SEE HE WAS GRABBINGONTO T SEATBELT AS HE WASTRYING TO STOP MR. DEBOSE FROMANY MOTION.YOU WILL GET TO SEE THIS IN THEVIDEO.YOU WILL GET TO SEE HOW MR.DEBOSE REACTS.YOU CAN ALMOST SEE HIM FLINCHRIGHT BEFORE THE SHOTS WEREFIRED.YOU CAN SEE IT FRAME BY FRAME,STEP-BY-STEP.I READ THE INDICTMENT TO YOUEARLIER, THE STATE OF OHIO SHOWSTHIS IS A PURPOSEFUL KILLING.COUNT TWO IS MORE COMPLICATED.HAS MORE WORDS AND.THE CASE WILL GO THROUGH EACH OFTHE ELEMENTS.WE WANT YOU TO HAVE AN IDEA OFWHAT SHE WILL BE LOOKING FOR.WAS IT PROVOCATION BY MR. DEBOSE?WAS TENSING PROVOKED TO THEPOINT WHERE HE HAD TO PULLED THEGUN AND SHOOT HIM?THE STATE WILL SUBMIT THEEVIDENCE SHOWS THIS IS CLEARLYMURDER, THAT M TENSING PULLEDOUT HIS GUN AND SHOT MR. DEBOSE.IN LIGHT OF THE EVIDENCE WE ASKYOU TO FIND HIM GUILTY BASED ONTHE EVIDENCE WE SHOW YOU.>> OPENING STATEMENTS ARE NOTEVIDENCE.WHAT WE EXPECT THE EVIDENCE TOSHOW IS YOU WILL SIT HERE FORTHE NEXT WEEK OR SO LIST TWOWITNESSES TESTIFYING.ALL WE ARE DOING N --.I HEARD HER OPENING STATEMENT.I CAN AGREE WITH SOME OF WHATSHE SAID, BUT THERE IS A LOT IDON'T AGREE WITH.WHEN I WAS GROWING UP, MY MOTHERUSED TO LISTEN TO THE GUY ON THERADIO, PAUL HARVEY.HE USED TO HAVE A RADIO SHOWWHERE HE WOULD TELL A STORY ANDGET YOU CURIOUS ABOUT WHAT THECONCLUSION OF IT WAS.IN THE COMMERCIAL BREAK -- THEREWOULD BE A COMMERCIAL BREAK, HEWOULD COME BACK, TELL THE END OFTHE STORY AND PEOPLE WOULD BESURPRISED.PAUL HARVEY HAD A TAG LINECALLED AND NOW YOU KNOW THE RESTOF THE STORY.I AM GOING TO TELL YOU THE RESTOF THE STORY.THE EVIDENCE IN THIS CAS[INDISCERNIBLE]IT IS A GROUP BEYOND THE BOYSCOUTS, WHERE THEY HAVE A GREATDESIRE TO LEARN ABOUT A CAREERIN LAW ENFORCEMENT.MANY OF THEM GO ON TO BE LAWENFORCEMENT OFFICERS, WHICH ISWHAT RAY DID.HIS DAD WAS A FIREFIGHTER.HE WAS IN HIGH SCHOO, HE EARNEDA BACHELOR OF SCIENCE DEGREE ANDWAS ABLE TO ATTEND POLICEACADEMY AT THE UNIVERSITY OFCINCINNATI.THERE IS CERTIFICATION THATEVERY POLICE OFFICER IN THESTATE OF OHIO MUST OBTAIN INORDER TO BECOME A POLICEOFFICER.HE BECAM -- HE STARTED OUT HISCAREER AS A POLICE OFFICER ANDWAS HIRED ON AT THE UNIVERSITYOF CINCINNATI.THE REASON HE WENT -- WAS ABLETO GET A JOB AT THE UNIVERSITYOF CINCINNATI WAS CRIME AROUNDTHE CAMPUS AND ON THE CAMPUS HADBEEN A MAJOR ISSUE FOR YEARS.THE POWERS HAD BECOME -- THEPOWERS THAT BE BECAMEOVERWHELMED AND TIRED OF THEVICTIMS THEY WOULD SEE.THEY ARE N AWARE OF THEIRSURROUNDINGS AND WERE EASILYVICTIMIZED IN THAT AREA AROUNDTHE CAMPUS.THE CINCINNATI POLICE DEPARTMENTIS A GREAT POLICE DEPARTMENT.THEY DON'T HAVE ENOUGH OFFICERSTO SATURATE THE AREA AROUND THECAMPUS TO PROTECT THE STUDENTS.THE POWERS THAT BE DETERMINEDCONTROL.THEY HIRED A BUNCH OF POLICEOFFICERS.YOU WILL HEAR TESTIMONY, THEYPUT UP CAMERAS, MORE STREETLIGHTING.THE BIG THING WAS, THEY HIREDPOLICE OFFICERS.THEY BROUGHT IN A NEW POLICECHIEF.CHIEF GOODRICH INSTITUTED APOLICY WITH HIS OFFICERS.BEFORE I GET TO THAT, THE CITYOF CINCINNATI AND THE UNIVERSITYOF CINCINNATI ENTERED INTO AMEMORANDUM OF UNDERSTANDING.IN THAT, CINCINNATI GRANTED THEUNIVERSITY OF CINCINNATI POLICEOFFICERS.THEY COULD PATROL CITYWIDE.IT WAS A PRACTICAL MATTER.THE UNIVERSITY OF CINCINNATIAROUND THE CAMPUS.THEY STAYED IN NEIGHBORHOODSAROUND CAMPUS.UNDER CHIEF GOODRICH'SADMINISTRATION, A SERIES OF EATSWAS SET UP -- A SERIES OF BEATSWAS SET UP.OFFICERS WERE ASSIGNED TO A BEATTO PATROL THAT AREA AND MAKESURE EVERYTHING REMAINS UNDERCONTROL.THE EVIDENCE WILL SHO THEOFFICERS, ONE OF CHIEFGOODRICH'S POLICIES WAS IN ORDERTO GET THIS CRIME SITUATIONUNDE CONTROL, I WANT THEOFFICERS TO BE PROACTIVE, GO OUTAND ARREST, SITE PEOPLE WHO WEREGETTING -- CITE PEOPLE WHO WERDOING THINGS THAT WERE AGAINSTTHE LAW.I THINK THE EVIDENCE WILL SHOWTHE POLICY WAS WORKING.HE W GETTING PEOPLE OUT THERE.THE POLICY WAS NOT TO GO OUT ANDSTOP SOMEONE BECAUSE THEY WEREBLACK OR BECAUSE THEY WERE WHITEOR BECAUSE THEY WERE GREEN ORPURPLE.THE POLICY WAS, IF YOU HAVE ALEGITIMATE REASON, IF THEY ARECOMMITTING SOME KIND OF OFFENSE,YOU MAKE THAT STOP.IF Y SEE A VIOLATION OF LAW,WE SHALL INVESTIGATE IT AND MAKETHE STOP ALL MAKE AN ARREST.IT DOESN'T SAY YOU CAN OR MAYBEIF YOU WANT TO, IT SAYS YOUSHALL.THEY TOOK THAT TO HEART ANDSATURATED THE AREA AROUND THECAMPUS.YOU WILL FIND THROUGH TESTIMONY,THE POLICY WAS WORKING.SOME PEOPLE THINK IT WAS HARSH,BUT IT WAS WORKING.CRIME WAS DROPPING DRAMATICALLY.TRUSTEES AND PEOPLE AROUND YOUSEE WERE HAPPY WITH THE RESULTS.ONE OF THOSE OFFICERS WAS RAYTENSING.HE WAS ACTIVE.HE SAW A VIOLATION, HE WOULDMAKE A STOP.EVERYONE HERE HAS INDICATED THEYHAVE READ OR WATCHED OR HEARD OFTHE FIRST TRIAL.IT KEEPS COMING OUT THAT RAYTENSING STOPPED SAM DUBOSEBECAUSE HE DID NOT HAVE A FRONTLICENSE PLATE.BUT, WHAT HE SAW WAS NO FRONTLICENSE PLATE A -- THERE IS ALITTLE ISLAND AND RAY WAS PARKEDNEXT TO THAT ISLAND ON HIS WAYBACK, WAITING TO GO UP WESHOLLISTER -- WEST HOLLISTER BACKTO HIS BEAT.RAY WAS SITTING THE, HE LOOKEDUP TOWARDS UC CAMPUS AND NOTICEDSAM DUBOSE DRIVING DOWN THESTREET.HE DID NOT KNOW IT WAS SAMDUBOSE, HE DID NOT KNOW IT WAS AMAN OR A WOMAN.HE NOTICED THERE WAS NOT A FRONTLICENSE PLATE ON THE CAR.AS THE CAR WEN BY, HE PUT THELICENSE PLATE INTO THE COMPUTER.EVERY CAR HAS A COMPUTER WHEREAN OFFICER CAN PUNCH A LICENSEPLATE IN AND THEY ARE TOL WHOOWNS THE VEHICLE, WHO THEVEHICLE IS REGISTERED TO,WHETHER THE LICENSES UNDERSUSPENSION, WHETHER THEY AREARMED AND DANGEROUS IN THE PAST.RAY PUNCHED IN THE LICENSE PLATEON THE REAR OF THE CAR.IT INSTANTLY CAME UP.YOU CAN SEE FROM RAY'S BODYCAMERA VIDEO, THAT T REGISTERED OWNER OF THE VEHICLE WASSUSPENDED.DRIVING UNDER SUSPENSION IS ASERIOU OFFENSE, ONE ANY POLICEOFFICER WOULD MAKE A STOP FOR IFTHEY KNEW THE DRIVER WAS UNDERSUSPENSION.RAY'S CURIOSITY WAS AROUSED.HE DECIDED HE WOULD MAKE ATRAFFIC STOP.RATHER THAN GOING UP WESTHOLLISTER AND BACK TO THE CAMPUSTO HIS BEAT, HE TURNED LEFT ANDFOLLOWED SAM DUBOSE.SAM DUBOSE TURNED, PUT HISSIGNAL ON AS RAY TENSING LIVE UPHIS CRUISER LIGHTS, INDICATINGHE WANTED SAM DUBOSE TO PULLOVER.SAM DID NOT IMMEDIATELY PULLOVER.THAT CAUSED SOME CONCERN WITHRAY TENSING.SAM DID NOT PULL OVERIMMEDIATELY.HE CONTINUED UP THE STREET.YOU WILL HEAR, ON THE BODYCAME VIDEO HE HIT THE SIREN ACOUPLE OF TIMES AND SAM DID NOTPULL OVER.RAY GOT OUT OF HIS CAR WHILE HEWAS FOLLOWING HIM.RAY CALLED OUT ON HIS RADIO THATHE WAS MAKING A TRAFFIC STOP.HE NOTIFIED THE DISPATCHER THATHE WAS STOPPING A CAR THAT WASSLOW TO STOP.SLOW TO STOP IS A TERM USED BYPOLICE OFFICERS THAT HAS MEANINGTO POLICE OFFICERS WHEN THEYHEAR IT.IT MEANS, GENERALLY, THE GUY ISNOT PULLING OVER RIGHT AWAY LIKEMOST PEOPLE DO WHEN YOU ARESIGNALED TO STOP.TWO OFFICERS, IT INDICATES AMULTITUDE OF THINGS THAT COULDBE HAPPENING.HE COULD BE HIGH SOMETHING INTHE CAR.IT ALSO MEANS HE COULD BE HIDINGSOMETHING IN THE CAR, TOSSINGCONTRABAND OUT OF THE CAR.PHILIP AND JOE WERE ALSOWORKING.OFFICER KID WAS HIS TRAININGOFFICER.THEY HEARD RAY SAY I AM PULLINGOVER A CAR THAT IS SLOW TO STOP.THEY KNEW HILL STREET WAS NOTTHE BEST PART OF TOWN.THEY DECIDED TO GO DOWN AND BACKRAY UP.YOU WILL HEAR, RAY GOT OUT OFHIS CAR.HE ASKED SAM DUBOSE MULTIPLETIMES FOR A DRIVERS LICENSE.HE REALIZED THE CAR WASREGISTERED TO A FEMALE WHOSELICENSE WAS SUSPENDED.HE FIGURED HE WAS NOT THEREGISTERED OWNER OF THE CAR.SAM NEVER RESPONDED DIRECTLY.YOU WILL HEAR IT ON THE TAPE.HE HAD SO MANY EXCUSES.HE NEVER DID ANSWER THE QUESTIONABOUT WHETHER HE HAD A DRIVERSLICENSE.DURING THE COURSE OF RAY ASKINGSAM IF HE HAD A LICENSE, AND THEFIRST THING HE WANTED TO D, HENOTICED A BOTTLE ON THE FLOORBOARD BETWEEN SAM'S LEGS.RAY IMMIGRA3HE ASKED HIM WHAT'S THAT.SAM HANDED RAY THE BOTTLE WHICHWAS MARKED JIM.RAY PUT THE BOTTLE ON THE ROOFOF THE CAR.WHAT IS SIGNIFICANT ABOUT THATIS RAY PUT THAT ON THE ROOF OFTHE CAR.YOU WILL FIND THAT RAY WAS NOTDONE.HE WAS GOING TO GET BACK TO THEGYM BOTTLE AFTER HE DETERMINEDTO SAM WAS.THE REASON YOU CAN MAKE THATINFERENC AND WHY DID HE STOPHIM, HE DID NOT HAVE A LEGALLICENSE PLATE.HE TOOK THE KEYS OUT OF THEIGNITION AND REACHED OVER INTOTHE GLOVE BOX AND STARTED TOPULL THE FRONT LICENSE PLATEOUT.RAY TOLD SAM NOT TO WORRY ABOUTIT.HE SAID IT BELONGS ON THE FRONTOF THE CAR.RAY KIND OF BLEW OFF SAM'SATTEMPT TO SHOW HIM HE HAD AFRONT LICENSE PLATE.RAY WAS NOT CONCERNED BUT THEGIN BOTTLE WAS SOMETHING HE WASCONCERNED ABOUT.HE WANTED TO GET BACK TO THAT.BEFORE ANY OF THAT COULD HAPPEN,RA CONTINUES TO ASK WHO ARE YOU.SAM WILL NOT GIVE HIM AN ANSWER.AT THI POINT, RAY SAYS TO SAMAND YOU SEE THE SUMMA BODY CAMVIDEO, UNTIL I CAN FIGURE OUTWHO YOU ARE, GO AHEAD AND STEPOUT OF THE CAR.AT THAT POINT, RAY STARTED TOOPEN THE CAR DOOR.ONE OF THE OTHER PIECES OFEVIDENCE WE WILL SHOW TO Y ISRAY ACTIVATED HIS BODY CAMERA.ONE OF THE ENCOUNTERS, HE WASBACKING UP ANOTHER POLICEOFFICER.THE OTHER ONE, WAS OFSIGNIFICANCE.IT TAKES ABOUT 35 MINUTES TOPLAY.FOR THE MOST PART, IT'SEXTREMELY LONG.IN THAT VIDEO, YOU WILL S RAYHAD THE DRIVER REMAIN IN THE CARWHILE HANDCUFFED SOMEONE INTHE CAR GETS THEM OUT.THAT WAS FOR A PURPOSE ANDOPENING SAM'S CAR.YOU CANNOT HANDCUFFED HIM IN THECAR WITH THE DOORS CLOSED SO HEOPENED THE DOOR AND HAD SAM TAKEHIS SEATBELT OFF AND HANDCUFFEDHIM AND READ -- AND DETAIN THEMUNTIL HE COULD DETERMINE WHO HEWAS.SEND DID NOT LIKE THAT FACT.AT THE POINT THAT RAY IS OPENINGTHE CAR DOOR WITH HIS LEFT HAND,SAM GRABS THE DOOR AND PULLS ITSHUT.HE PLACES HIS LEFT ARM OVERRAISE LEFT ARM.LET ME BACK UP -- SAMPLES OFDOOR SHUT.THAT'S THE FIRST ACT OFRESISTANCE TO WHAT'S GOING ON.SAM PULLED THE DOOR SHOT -- SHOTAT THE SAME TIME, SAM AT SOMEPOINT, I DON'T THINK THIS IS INTHE VIDEO, AT SOME POINT, SAMREMOVES THE KEYS FROM THEIGNITION AND PUT THE KEYS BACKINTO THE IGNITION.IS REACHING WITH HIS LEFT HAND.WITH HIS RIGHT HAND, HE ISSTARTING THE HONDA.HE IS STARTING THE IGNITION.AS SOON AS HE DOES THAT ANDDROPS HIS HAND TO THE GEAR SHIFTIN THE CENTER CONSOLE, HE PUTSIT INTO DRIVE.IN ORDER TO PUT THE CAR INTODRIVE, AND MOVE OFF, YOU HAVE TOHAVE YOUR FOOT ON THE BRAKE.SAM PUTS THE CAR IN DRIVE, IT'STHE ACCELERATOR AND TAKES OFF.RA FELT LIKE HE COULD REACHINTO THE CAR TO GET THE KEYS OUTOF THE IGNITION AND STOP SOMEFROM TAKING OFF.HE WAS UNSUCCESSFUL.REACHING INTO THE CAR, AS HEREACHED IN WITH HIS LEFT HAND,SAM DUBOSE PUT HIS LEFT HANDOVER THE TOP OF RAISE LEFT ARMAND PENNED HIS HAND AGAINST THESTEERING WELL.YOU WILL SEE THAT ON THE BODYWORN CAMERA.RAY TOLD INVESTIGATO'SINTENTION WAS TO REACH THROUGHTHE STEERING WILL.HE THOUGHT HIS ARM WAS THROUGH.THE EVIDENCE WILL SHOW THAT HISARM WAS PINNED TO TH WINDOWSILLAND HIS HAND WAS INTO THESTEERING WILL AS SAM DUBOSE HITTHE ACCELERATOR AND TOOK OFF.WHAT HAPPENED WHEN THAT OCCURREDIS THAT RAY TENSONG' BODY WASSPUN TO HIS LEFT AND HIS ARM WASTRAPPED IN THERE.SAM DUBOSE IS DRIVING OFF ANDRAY THOUGHT HE WOULD GET SUCKEDINTO THE REAR WHEELS AND RUNOVER.ALL THAT I HAPPENING, RAY PULLSOUT HIS SERVICE REVOLVER WITHHIS RIGHT HAND AND FIRED ONESHOT AT WHATEVER HE COULD FIREAT TO STOP THE THREAT.THAT SHOT ENTERED THE HEAD OFSAM DUBOSE.RAY TENSING'S PURPOSE WAS NOT TOCAUSE THE DEATH OF SAM DUBOS,IT WAS NOT TO HURT HIM, IT WASTO STOP THE THREAT.I APOLOGIZE FOR GOING ON.NORMALLY I WOULD KEEP THINGSSHORT BUT THIS CASE IS SOIMPORTANT, YOU NEED TOUNDERSTAND WHAT THE FACTS ARE.THIS WHOLE INCIDENT I AM TALKINGABOUT FROM STARTING TO OPEN THECAR DOOR TO SAM DUBOS TAKINGOFF AND BEING SHO LASTED ABOUTTHREE SECONDS.YOU WILL SEE A VIDEO CLIP OFTHIS.IT'S JUST PHENOMENAL MUCH CANHAPPEN IN THAT SHORT A TIME.AT THE END OF THE DAY, WE NEEDTO FIGURE OUT WHAT WAS SHOWN.I WILL TELL YOU RIGH NOW, THISIS NOT LIKE AN NFL FOOTBALLREPLAY OR BASKETBALL GAME WHEREYOU HAVE 10 CAMERAS LOOKING ATTHE SAME THING FROM DIFFERENTANGLES.THIS HAPPENED IN TWO POINT 85SECONDS.PARTS OF IT ARE VERY BLURRY.AT THE END OF THE DAY, YOU WILLFIND THAT RAY TENSING HAD ALEGITIMATE FEAR HE WAS ABOUT TOBE TAGGED BY THAT CAR.A LOT HAS BEEN MADE ABOUT THEISSUE OF THE DRAG.THE EVIDENCE WILL SHO -- WHENRAY TENSING PULLED OVER SAMDUBO, THERE WAS A SILVER CAROCCUPIED BY A NEIGHBOR.SHE WILL TESTIFY TO SOME DEGREEOF HIS TRIAL.SHE WAS IN THE CAR WITH HER TWOKIDS.HER MOTHER-IN-LAW AND BOYFRIEND,HER MOTHER-IN-LAW LIVED THERE ATTHE TIME.SHE WAS THERE WITH HER KIDS,GETTING READY TO LEAVE.SHE HAD A VIEW OF THE CAR.SHE HAD THE KID IN THE CHILDSEAT AND SEATBELT WHEN THISHAPPENED.SHE WILL TELL YOU THAT HER CARWAS PARKED SOME FEET IN FRONT OFWHERE SAM DUBOSE PULLED UP.AS SAM DUBOSE TOOK OFF, HEPULLED HIS CAR TO THE LEFT TOAVOID HITTING HER.HE ACTIVELY TURNED HIS CAR TOTHE LEFT, RAY TENZING WASSTANDING RIGHT NEXT TO HIM ANDTHAT'S WHEN RAY TENSING STARTEDTO GET DOWN.THAT'S WHERE HE SAID HE WASDRAGGED.THE EVIDENCE WILL SHOW THAT HEENDED UP FALLING OFF OF THE CARBY THE MANHOLE COVER FOR THELEFT-HAND SIDE OF THE STREETWHICH IS SOME DISTANCE, NOT AGREAT DISTANCE, PERHAPS 15 OR 20FEET FROM WHERE HE HAD STARTEDOUT.IN THE VIDEO, YOU CAN SAY HE WASNOT DRAGGED.HE WAS DRAGGED SOMEWHERE.I SUBMIT THAT MAY BE RAISEDCHOICE OF THE WORD DRAG IS NOTCORRECT.WHEN SAM DUBOSE MASTER THATACCELERATOR AND TURNED LEFT,STARTED A LEFT-HAND TURN, HETURNED RIGHT INTO RAY TENZINGANSWER THEM OFF-BALANCE WHICHCAUSED HIM TO START TO FALL.WE WILL SEE ON THE BODY WORNCAMERA HOW HE WAS NARROWLYMISSED AS SAM DUBOSE TOOK OFF.LADIES AND GENTLEMEN, THETESTIMONY IN THIS CASE I THINKWILL EVENTUALL, THE EXPERTSWILL BE HERE TO ASSIST WHAT YOUHEAR.THERE WILL BE THREE OTHER VIDEOSWE WILL SHOW WHAT RAY TENSINGWAS DOING THAT DAY.I STARTED TO TELL YOU ABOUT THEONE THAT IS 35 MINUTES LONG.AMONG OTHER THINGS, THAT VIDEOSHOWS RAY TENSING STOPPING AVEHICLE WHICH WAS OPERATED BY AMAN WITH HIS WIFE IN THE CAR.THE KIDS WERE IN THE BACK SEATAND THE CHILD -- AND THECHILDREN DID NOT HAVE SEATBELTS.THE CAR REGISTRATION WAS UNDERSUSPENSION.RAY MADE A TRAFFIC STOP.IT TURNED OUT HE HANDCUFFED THEDRIVER AS HE SAID ON THE CAR.HIS PURPOSE WAS TO DETAIN HIMAND FIGURE OUT WHAT WAS GOINGON.YOU'LL FIND IN THAT TRAFFIC STOP, AND PEOPLE WILL BE CRITICALWHY HE GOT HANDCUFFED.YOU'LL FIND THAT HE GOT THEDRIVER OUT AND HANDCUFFED HIM INTHE CAR AND GOT HIM OUT OF THECAR.THE DRIVER SAID THE HANDCUFFSARE TOO TIGHT.THE FIRST THING RAY DID WHEN HEGOT THEM OUT OF THE CAR WAS TOADJUST THE HANDCUFFS TO MAKE THEMORE COMFORTABLE.HE TOOK HIM BACK IN HI CRUISER,THIS WAS JULY 19, 2013.RAY PUT THE DRIVER IN THEBACKSEAT OF HIS CRUISER.HE GOT OUT OF HIS CRUISER ANDWENT BACK TO THE DRIVER'S CAR.THE KIDS WERE IN THE CAR.HE GAVE THE WIFE THE KEYS ANDSAID TO TURN THE AIRCONDITIONING ON TO KEEP THE KIDSCOMFORTABLE.HE WAS NOT A RACIST.HE WAS NOT A HARD HAT.HE IS A NO NONSENSE CUP, AHUMAN KIND OF A GUY WHO WASPOLITE AND RESPECTFUL.IT TURNED OUT IN THAT TRAFFICSTOP, THE DRIVER WAS NOT ONLYUNDER SUSPENSION, HE HAD FIVEVIOLATIONS CITED FOR OTHERTHINGS AND HAD NOT SHOWN UP FORCOURT.HIS WIFE WAS UNDER SUSPENSION SOTHERE WAS NOTE VALID DRIVER INTHE CAR.RAY TENSING ARRESTED THAT MAN,TAKING THEM TO THE JUSTICECENTER.HE GAVE THEM A TICKET FORDRIVING UNDER SUSPENSION.ALSO THE CHILD RESTRAINT.HE GAVE HIM A TICKET.HE RECITED THE FIVE TIMES HE HADNOT SHOWN UP TO COURTPREVIOUSLY.HIS WIFE WAS NOT VALID.RAY DID NOT LEAVE THE FAMILY BYTHE SIDE OF THE ROAD.HE ASKED THE WIFE TO CALLSOMEBODY TO COME AND PICK UP THECAR.THAT'S EXACTLY WHAT THEY DID.YOU'LL SEE ABOUT 6:00 ON JULY31.THIS INCIDENT WITH SAM DUBOSEOCCURRED AT 6:31 P.M. AT 5:58 P.M., RAY STOPPEDANOTHER CAR OCCUPIED BY A FEMALEAND A MALE.HE STOPPED THE CAR.IT WAS AT BELLEVUE PARK.RAY STOPPED THIS OTHER CAR INBELLEVUE PARK IN THAT CAR ALSODID NOT HAVE A FRONT LICENSEPLATE AND IT ALSO CAME BACKREGISTERED TO A FEMALE WHO WASUNDER SUSPENSION.WHEN RAY APPROACHED THAT STOPPEDTHE VEHICLE, HE ASKED THE FEMALEDRIVER WHOSE CAR IS THIS.SHE SAID IT'S MY FRIENDS.HE ASKED IF SHE HAD A LICENSEAND SHE REAP -- AND SHE PRODUCEDA VALID DRIVERS LICENSE.THE MAIL WITH HER PRODUCED AVALID DRIVERS LICENSE.HE TOOK THE LICENSES AND WENTBACK IN HIS CRUISER AND RAN THEMTHROUGH THE COMPUTER AND ITTURNED OUT EVERYTHING WAS GOOD,THEY HAVE VALID LICENSES, HERETURNED TO THE CAR, GAVE THEM ALICENSE BACK AND SAID HAVE ANICE DAY.THE LADY SAID, USED, TO OFFICERAND THAT WAS THE END OF IT.FOR FIVE MINUTES AND EVERYTHINGWAS FINE.THE POINT THAT, LADIES ANDGENTLEMEN, RAY TENSING IS APROFESSIONAL, COURTEOUS ANDPOLITE AND HAD SAM DUBOSE TOOPERATED WITH HIM, HIS TRAFFICSTOP COULD HAVE ENDED THE SAMEWAY.SAM DUBOSE WOULD NOT HAVE ENDEDUP SHOT.HE WOULD HAVE GONE TO JAILBECAUSE YOU WILL HEAR EVIDENCTHAT THERE WAS $2600 IN CASH ONSAM DUBOSE'S PERSON ANDMARIJUANA FOUND IN VARIOUSPLACES IN THE CAR.IT WAS ENOUGH TO ADD UP TO AFELONY CHARGE.SAM DUBO WOULD HAVE GONE TOTHE JUSTICE CENTER FROM THATTRAFFIC STOP HAD RAY TENSING HADAN OPPORTUNITY.LADIES AND GENTLEMEN, AT THE ENDOF THIS CASE, YOU WILL FIND IT'SA TERRIBLE TRAGEDY.WHAT HAPPENED TO SAM DUBOSE ISTERRIBLE.BUT ALL HE HAD TO DO WASCOOPERATE WITH THE OFFICER ANDHE WOULD'VE GONE TO THE JUSTICECENTER AND FROM THERE, HE WOULDNOT HAVE BEEN SHOT.RAY TENSING, AS HE MADE THETRAFFIC STOP, HE DID NOTANTICIPATE THAT SAM DUBOSE WASGOING TO DRIVE OFF WITH RAISEARM CAUGHT IN THE CAR.I THINK YOU'LL FIND THAT THISHAPPENED SO QUICK THATINSTINCTIVELY, RAY REACT TO THEONLY WAY HE COULD TO SAVE HISOWN LIFE AND SAVE HIMSELF FROMBEING INJURED.YOU WILL NOT FIND A SUDDEN FITOF RAGE OR PASSION.LADIES AND GENTLEMEN, AT THE ENDOF THE CASE, YOU WILL FIND THATRAY TENZING IS JUSTIFIED IN WHATHE DID.I THINK YOU'LL FIND THAT WHEN WEEXPLAINED TO YOU.THERE IS NO DOUBT HE ISJUSTIFIED IN WHAT HE DID.THANK YOU.